[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Notices]
[Pages 22078-22080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9574]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-840]


Lightweight Thermal Paper From Germany: Notice of Final Results 
of the First Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

[[Page 22079]]

SUMMARY: On December 23, 2009, the Department of Commerce (``the 
Department'') published the notice of initiation of this antidumping 
duty administrative review naming Mitsubishi HiTec Paper Flensburg 
GmbH, Mitsubishi HiTec Paper Bielefeld GmbH and Mitsubishi 
International Corporation (``collectively, Mitsubishi'') and 
Papierfabrik August Koehler AG (``Koehler'') as respondents. As a 
result of petitioner's withdrawal of its request for review, we 
rescinded this review, in part, with respect to Mitsubishi.\1\ On 
December 14, 2010, the Department published the preliminary results of 
the first administrative review for the antidumping duty order on 
lightweight thermal paper from Germany.\2\ The review covers one 
manufacturer/exporter: Koehler. The period of review (POR) is November 
20, 2008, through October 31, 2009.
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    \1\ See Lightweight Thermal Paper from Germany: Notice of 
Partial Rescission of Antidumping Duty Administrative Review, 75 FR 
11135 (March 10, 2010).
    \2\ See Lightweight Thermal Paper From Germany: Notice of 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
77831 (December 14, 2010) (``Preliminary Results'').
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    As a result of our analysis of the comments received, the final 
results differ from the preliminary results for Koehler. The final 
weighted-average dumping margin for this company is listed below in the 
``Final Results of Review'' section of this notice.

DATES: Effective Date: April 20, 2011.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore or George McMahon, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3692 and (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 16, 2010, the Department published the preliminary 
results of the first administrative review of the antidumping duty 
order on lightweight thermal paper from Germany. See Preliminary 
Results.
    Petitioner submitted a case brief on January 27, 2011. Koehler 
submitted a rebuttal brief on February 4, 2011.\3\
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    \3\ Koehler submitted a timely rebuttal brief on February 3, 
2011; however, the Department rejected this brief because it 
contained new factual information.
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Scope of the Order

    The scope of this order includes certain lightweight thermal paper, 
which is thermal paper with a basis weight of 70 grams per square meter 
(g/m\2\) (with a tolerance of <plus-minus> 4.0 g/m\2\) or less; 
irrespective of dimensions; \4\ with or without a base coat \5\ on one 
or both sides; with thermal active coating(s) \6\ on one or both sides 
that is a mixture of the dye and the developer that react and form an 
image when heat is applied; with or without a top coat; \7\ and without 
an adhesive backing. Certain lightweight thermal paper is typically 
(but not exclusively) used in point-of-sale applications such as ATM 
receipts, credit card receipts, gas pump receipts, and retail store 
receipts. The merchandise subject to this order may be classified in 
the Harmonized Tariff Schedule of the United States (``HTSUS'') under 
subheadings 3703.10.60, 4811.59.20, 4811.90.8020, 4811.90.8040, 
4811.90.9010, 4811.90.9090, 4820.10.20, and 4823.40.00.\8\ Although 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this order is dispositive.
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    \4\ LWTP is typically produced in jumbo rolls that are slit to 
the specifications of the converting equipment and then converted 
into finished slit rolls. Both jumbo and converted rolls (as well as 
LWTP in any other form, presentation, or dimension) are covered by 
the scope of these orders.
    \5\ A base coat, when applied, is typically made of clay and/or 
latex and like materials and is intended to cover the rough surface 
of the paper substrate and to provide insulating value.
    \6\ A thermal active coating is typically made of sensitizer, 
dye, and co-reactant.
    \7\ A top coat, when applied, is typically made of polyvinyl 
acetone, polyvinyl alcohol, and/or like materials and is intended to 
provide environmental protection, an improved surface for press 
printing, and/or wear protection for the thermal print head.
    \8\ HTSUS subheading 4811.90.8000 was a classification used for 
LWTP until January 1, 2007. Effective that date, subheading 
4811.90.8000 was replaced with 4811.90.8020 (for gift wrap, a non-
subject product) and 4811.90.8040 (for ``other'' including LWTP). 
HTSUS subheading 4811.90.9000 was a classification for LWTP until 
July 1, 2005. Effective that date, subheading 4811.90.9000 was 
replaced with 4811.90.9010 (for tissue paper, a non-subject product) 
and 4811.90.9090 (for ``other,'' including LWTP). See Memorandum to 
the File, dated February 9, 2011, regarding the addition of HTSUS 
numbers: 4811.90.8020 and 4811.90.9010, per the request of the 
National Import Specialist of Customs and Border Protection.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum, dated concurrent with this notice and which is hereby 
adopted by this notice. A list of the issues which parties have raised, 
and to which we have responded in the Issues and Decision Memorandum, 
is attached to this notice as an Appendix. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Web at http://ia.ita.doc.gov/frn/, and is on file in the Central 
Records Unit, main Commerce Building, Room 7046. The paper copy and 
electronic version of the Issues and Decision Memorandum are identical 
in content.

Changes From the Preliminary Results

    As a result of the Department's analysis of comments received, we 
have made a certain change to the calculations of the company-specific 
weighted-average margin for Koehler. Specifically, we have revised our 
treatment of the monthly rebates reported in the field REBATE1H. In the 
Preliminary Results, the Department preliminarily accepted these 
rebates. However, based upon further review of the information on the 
record and the comments received, we find that the monthly rebates 
(``monatsbonus'') reported by Koehler are not supported by record 
evidence. Accordingly, we have disallowed the monthly rebates reported 
in field REBATE1H, for these final results. See the Issues and Decision 
Memorandum, dated April 13, 2011.

Final Results of Review

    We determine that the following weighted-average margins exist for 
the period November 20, 2008, through October 31, 2009:

------------------------------------------------------------------------
                                                       Weighted-average
                Manufacturer/exporter                  margin (percent)
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Papierfabrik August Koehler AG......................                3.77
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Duty Assessment

    We have been enjoined from liquidating entries of the subject 
merchandise produced and exported by Koehler. Therefore, we do not 
intend to issue liquidation instructions to U.S. Customs and Border 
Protection (CBP) for such entries covered by this administrative 
review, until the preliminary injunction issued on February 5, 2009, is 
lifted.
    Upon lifting of the injunction, the Department shall determine and 
CBP shall assess antidumping duties on all appropriate entries. 
Pursuant to 19 CFR 351.212(b)(1), the Department calculates an 
assessment rate for each importer of the subject merchandise for each 
respondent. If any importer-specific assessment rates calculated in the 
final results are above de minimis (i.e., at or above 0.5 percent), the 
Department will issue appraisement instructions directly to CBP to 
assess antidumping duties on appropriate entries.
    To determine whether the duty assessment rates covering the period

[[Page 22080]]

were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), for each respondent we calculated importer (or 
customer)-specific ad valorem rates by aggregating the dumping margins 
calculated for all U.S. sales to that importer or customer and dividing 
this amount by the total entered value of the sales to that importer 
(or customer). Where an importer (or customer)-specific ad valorem rate 
is greater than de minimis, and the respondent has reported reliable 
entered values, we apply the assessment rate to the entered value of 
the importer's/customer's entries during the review period. Where an 
importer (or customer)- specific ad valorem rate is greater than de 
minimis and we do not have reliable entered values, we calculate a per-
unit assessment rate by aggregating the dumping duties due for all U.S. 
sales to each importer (or customer) and dividing this amount by the 
total quantity sold to that importer (or customer).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by the respondent for which it did not know its 
merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following antidumping duty deposit rates will be effective upon 
publication of the final results of this administrative review for all 
shipments of lightweight thermal paper from Germany entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of these final results, as provided for by section 751(a)(1) of 
the Tariff Act of 1930, as amended (the Act): (1) If the exporter is 
not a firm covered in this review, but was covered in a previous review 
or the original less-than-fair-value (LTFV) investigation, the cash 
deposit rate will continue to be the company-specific rate established 
for the most recent period; (2) if the exporter is not a firm covered 
in this review, a prior review, or the LTFV investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the subject merchandise; 
and (3) if neither the exporter nor the manufacturer is a firm covered 
by this review, a prior review, or the LTFV investigation, the cash 
deposit rate will be 6.50 percent, the all-others rate established in 
the LTFV investigation. See Antidumping Duty Orders: Lightweight 
Thermal Paper from Germany and the People's Republic of China, 73 FR 
70959 (November 24, 2008). These cash deposit requirements shall remain 
in effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent increase in antidumping duties by 
the amount of antidumping and/or countervailing duties reimbursed.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(5). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: April 13, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Issues and Decision Memorandum

    Comment 1: Whether Koehler's Sales of the KT 48 F20 Product in 
Germany Constituted a Fictitious Market.
    Comment 2: Whether Koehler's Home Market Sales of the KT 48 F20 
Product Were Outside the Ordinary Course of Trade.
    Comment 3: Whether the Department Should Disallow Certain Post-Sale 
Price Adjustments Reported in the REBATE1H Field.
    Comment 4: Whether the Department Should Reallocate Monthly Rebates 
(REBATE1H) on a Customer-Specific Basis.
[FR Doc. 2011-9574 Filed 4-19-11; 8:45 am]
BILLING CODE 3510-DS-P